Mamaroneck Trench Collapse Death Leads To Contractor's Indictment

MAMARONECK, NY — A Connecticut contractor will face criminally negligent homicide and reckless endangerment charges in the death of a worker buried in a trench collapse at a Westchester County construction site.

Westchester County District Attorney Miriam Rocah and OSHA Regional Administrator Richard Mendelson announced today that the director of project development for the construction company, Lecher Development, was indicted on criminally negligent homicide and reckless endangerment charges in the death of Jose Vega, a 46-year-old worker, after an approximately nine-foot-deep trench collapsed, burying him under dirt at a residential construction site in the Village of Mamaroneck in 2021.

See Also: Worker Killed In Trench Cave-In At Mamaroneck Construction Site

"For the first time in Westchester County, we are seeking to hold a contractor accountable for the death of a worker at a construction site that allegedly lacked proper safety measures," Rocah said. "My Office will seek justice for the family of Jose Vega and continue to ensure workers' safety remains a priority across the county to prevent fatalities like this one."

A Westchester County Grand Jury indicted Michael Conway, 59, of Bethel, Connecticut, for criminally negligent homicide, a felony, and two counts of reckless endangerment in the second degree, misdemeanors.

"On behalf of the Occupational Safety and Health Administration and the U.S. Department of Labor, we commend the District Attorney’s Office for pursuing this case vigorously and bringing criminal charges for a preventable workplace death," Mendelson said. "OSHA issued civil citations and penalties for this fatal trench collapse. The addition of this criminal enforcement effort by the District Attorney sends an even stronger message that high-hazard industries, such as excavation, must follow safety standards."

Investigators say that at 12:40 p.m. on May 4, 2021, Conway directed two workers to dig a trench without proper shoring or cave-in protections in place at a residential construction site on Shore Acres Drive in the Village of Mamaroneck. The site supervisor knew the excavation was in violation of OSHA regulations, which require a trench deeper than five feet to have protections that prevent the walls from caving in, according to the allegations.

The approximately nine-foot, unprotected trench collapsed, completely burying Vega under dirt. He was pronounced dead at the scene.

The investigation was conducted by the Westchester County District Attorney’s Criminal Investigator Squad with assistance from OSHA’s Tarrytown Area Office, the Village of Mamaroneck Police Department, and the Westchester County Department of Public Safety.

Conway was arrested by the Village of Mamaroneck Police Department and arraigned on Friday in Westchester County Court. His next court date is March 22. Bail was set at $5,000 cash, $10,000 bond, and $25,000 partially secured bond at 10 percent.

The District Attorney thanked the the New Rochelle Fire Department, the Village of Port Chester Department of Public Works, the Village of Mamaroneck Fire Department, and the Town of Mamaroneck Ambulance District for their assistance in the attempted rescue and recovery of Vega.

Unsafe working conditions or concerns about workplace safety can be reported to OSHA at 800-321-6742 (OSHA) or the DA’s Office at 914-995-TIPS (8477). Language assistance is available.